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I recently purchased a used vehicle from a private seller about 3-4 weeks ago. The seller informed me of a past accident and showed me a picture. I signed a handwritten statement acknowledging the purchase of the vehicle “as is.” However, the seller did not verbally disclose that the vehicle... View More 
answered on May 6, 2025
You can always sue. The question is, will you win and if so, how much. Even if you do win, will you ever be able to collect. I am doubtful that this is a case worth pursuing. If the title he signed over to you was a salvage rebuilt title, the fact that you acknowledged the sale was "as... View More
I was staying at a hotel with a friend who was arrested and has an outstanding balance with the hotel. The hotel is now keeping my belongings, even though I am not responsible for my friend's debts. I've tried to retrieve my belongings, but they have not been returned to me. Can the hotel... View More
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answered on May 4, 2025
In North Carolina, a hotel (or “innkeeper”) does have certain rights under state law to hold a guest’s property for unpaid charges through what’s known as an innkeeper’s lien. However, that lien applies specifically to the property of the guest who owes the debt. The hotel generally does... View More
My husband was involved in an automobile accident while driving his company car and died on the scene. The other driver did not die but suffered non-life-threatening injuries and a total loss of their $100,000 truck. The police report did not state that my husband was at fault, although it... View More
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answered on May 1, 2025
The auto accident liability case is a potential claim against your husband's estate. Yes, your husband's auto insurance might end up actually paying the claim, but the legal mechanism for presenting claims against a decedent is to file them in the probate case. If you had opened a... View More
Law enforcement confiscated my phone, laptop, and Xbox One due to a warrant related to accessing illegal sites and having illegal photos on Google Photos. They specifically asked for my phone password, and I don’t recall providing my laptop password. Would I face any legal issues if I change the... View More
answered on Apr 29, 2025
This depends on whether there are any court orders or bail conditions that may prevent you from accessing digital devices. If not, and If you need to change your phone number to regain access to your Microsoft account, you are entitled to do this. Although your devices may have been seized, this... View More
My deceased uncle has a bank account with Bank of America in the US, which has been unclaimed for 20 years. I am helping my cousin, who cannot speak English well, to address this matter. My cousin has a single bank account document but hasn't reached out to Bank of America yet. We are unsure... View More
answered on Apr 27, 2025
Check the clerk's office (Estates) in the county where your relative last resided, to see if an estate was ever opened. If so, look to see if the account was distributed. Also, you can check online at NCCASH to see if the money was handed over to the state. If so, you'll need to follow... View More
I am concerned that Kaplan Test Preparation's "All Access" program, which provides free test preparation courses to university students in exchange for the universities’ agreement not to introduce competitors, constitutes a monopoly over certain universities. This exclusivity... View More
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answered on Apr 23, 2025
Exclusivity agreements, where a buyer agrees to purchase only from a particular seller for a set period of time, are a common form of nonprice vertical restraint and are not per se unlawful under U.S. antitrust law. Courts analyze such arrangements under the rule of reason, weighing both their... View More
I have a legal issue with Ilderton Dodge in High Point, NC, where faulty parts were installed in my Dodge Journey, leading to a blown head gasket. The installation occurred in June 2024, with several subsequent visits failing to resolve the problem. By January 2025, after a second opinion and... View More
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answered on Apr 16, 2025
For the issues you are facing with Ilderton Dodge in High Point, NC, it would be prudent to consult a consumer protection attorney or a lawyer specializing in automotive law. These legal professionals are well-versed in handling cases involving faulty product installations, warranty disputes, and... View More
I live in a "private" community managed by an HOA, where residents are required to purchase parking permits and badges to use our amenities, such as a private lake and trails. Despite signage indicating "private, residents only - towing enforced," the HOA management allows... View More
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answered on Apr 16, 2025
In North Carolina, homeowners' associations (HOAs) have a fiduciary duty to act in the best interest of the community, which includes enforcing rules and regulations that are established by the residents or the governing documents. This duty is generally derived from the governing documents of... View More
I live and work in North Carolina, and my employer, who owns the company, often contacts me outside of work hours to criticize my sexuality, sending me messages such as a link to a Facebook article on "how to stop being gay." I have saved these text messages. To my knowledge, there is no... View More
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answered on Apr 16, 2025
Kirk is completely correct in his answer. Just providing a little additional color.
In North Carolina, workplace harassment based on sexual orientation may be actionable under certain circumstances. While North Carolina does not have a state law that explicitly prohibits discrimination... View More
I hired a personal advisor who arranged to house my money at Schwab. Initially, communication was good, but once the money started transferring, the advisor stopped communicating. I attempted to contact her several times without any assistance. Although we haven't lost any money, $1,350 was... View More
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answered on Apr 24, 2025
If your financial advisor stopped communicating after the transfer of funds and $1,350 has been taken from your account, you should take the following steps immediately to protect your interests:
Document Everything: Keep records of all communications with the advisor, including emails,... View More
I registered the trademark "Kinzaap Kitchen" in June 2024. Recently, I discovered another restaurant named "Kinzaap Thai Restaurant" operating in a different state. I have not yet taken any legal action or sent a cease and desist letter to them. Can I ask them to stop using the word "Kinzaap"?
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answered on Apr 13, 2025
Possibly. It is advised that you speak to counsel.
However, if the "infringer" is using a similar name prior to your federal registration, then they might be protected by common-law trademark rights. If you need more information, then I would recommend reading "Burger King... View More
In North Carolina, is it legal for an independent car salesman to avoid obtaining a dealer's license by purchasing and selling cars under multiple LLCs to stay under the five-cars-per-year limit? In this scenario, there are active complaints as the salesman sells cars under a "rent to... View More
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answered on Apr 10, 2025
Please refer to North Carolina General Statutes Section 20-286(11)(a)(2) which states that a Motor vehicle dealer or dealer is defined as "[a] person who... [o]n behalf of another and for commission, money, or other thing of value, arranges, offers, attempts to solicit, or attempts to... View More
I, as a parent, gave property to my child but retained a lifetime right to the property. Currently, the deed specifies that the child gains the property after my death. However, I would like to dissolve this agreement and take the property back, but the child does not want to return it. Given these... View More
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answered on Apr 9, 2025
If you executed a deed which gave a remainder after your life estate, which was delivered and recorded, then no, you cannot revoke the conveyance of a vested remainder. Your lawyer should have told you about the finality of such a future interest deed. The remainderman can convey back his... View More
I've inherited land from my parents that we've owned and paid taxes on for over fifty years. Recently, when I went to pay taxes and transfer the land into my name, I discovered that part of it, approximately 30 acres, had been changed to another person's name without my knowledge.... View More
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answered on Apr 8, 2025
You have a boundary dispute and/or adverse possession problem. Go to the property first and look for signs of possession, such as cutting timber. Hire a NC attorney that does real property litigation. It will be difficult and expensive. Get name and address of possessor. Suit for... View More
I am 17 years old and recently got into a car accident where I rear-ended a woman because she came to a complete stop before turning right. The police arrived at the scene and filed a report. Her car had no damage, but she started acting like her neck was hurting and was taken away by an ambulance.... View More
answered on Apr 7, 2025
A North Carolina attorney could advise best, but you posted last week. Do you mean doing things like investigating on your own or confronting her with your suspicions? NO, you DO NOT want to do that. Leave things up to your insurance company. If she claims she suffered injuries, the best thing you... View More
My father owned a car and added his new wife's name to the title. After his passing, my brother and I were named as the sole heirs in his will. We believe we are entitled to his half of the car. We offered to buy her out, but she refused and sold the car, keeping the money. We even had an... View More
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answered on Apr 5, 2025
Get a NC attorney to advise about the title if you have a copy. Wife probably owned car at Husband's death. If not, the Will bequests will control if it was probated, and the executor will need to do his job of marshalling assets. If no probate, Will means nothing.
I live in North Carolina, and I'm married. In 2023, I took out an individual loan of $20,000 in my name only to purchase cryptocurrency. I would like to gift this cryptocurrency to my daughter. There are no specific terms in our marriage regarding financial decisions, and I have primarily... View More
answered on Mar 28, 2025
The IRS allows you to gift up to a certain annual exclusion amount per person without incurring federal gift tax. For 2024, that amount is $18,000, and for 2025 that amount is $19,000. If the cryptocurrency's value exceeds this, you'll need to file Form 709, but you might utilize your... View More
Can my husband, who was named in his grandfather's will to inherit land upon his mother's passing, legally sign over life estate rights to someone else before actually inheriting the land from his mother?
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answered on Mar 25, 2025
If the Will was probated then apparently he is vested with a life estate after his Mother dies. But you need a NC lawyer to examine this closely, and search the title, as the Estates, especially contingent future interests, may not be as you think. So if his Estate is as you state, he can... View More
I was fired from my job in North Carolina for tardiness, despite providing documentation from both my previous and current doctors about my Severe Idiopathic Hypersomnia, a chronic condition under the ADA. I had been employed for a year and a half, and my condition was discussed multiple times with... View More
answered on Mar 25, 2025
In general, there is no law in North Carolina that requires an employer to follow your doctor's notes or to excuse you from the requirements of your job. However, if you work for an employer with at least 15 employees the Americans with Disabilities Act may apply to your situation. The ADA... View More
An elderly man married a woman 13 years younger who has allegedly used him and spent his money. He is unaware that she is still married to another man in a different state. His family has hired a private investigator due to her alienating behavior and other red flags. What legal actions can be... View More
answered on Mar 20, 2025
There is a lot to unpack there. Firstly, he didn't marry anyone. If she was married to someone else when she "married" that elderly man, the marriage to the elderly man is void (bigamy is illegal in NC).
Secondly, if she abused his funds, she could be guilty of a felony... View More
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